Amended  IN  Assembly  March 19, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 1722

Introduced by Assembly Member Hadwick

February 05, 2026

An act to add Section 2080.8 to the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


AB 1722, as amended, Hadwick. Wildlife. California Endangered Species Act: take prohibition: self-defense.
The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, that the action is warranted. The act prohibits the taking of an endangered or threatened species, except under certain circumstances.
This bill would prohibit the imposition of a civil, administrative, or criminal penalty for a violation of the take prohibition if the defendant committed the act based on a good faith belief that they were acting to protect themselves, a member of their family, or any other individual from bodily harm from an animal listed under the act.

The California Constitution establishes the Fish and Game Commission and provides for the delegation to the commission of powers relating to the protection and propagation of fish and game. Under existing law, the Department of Fish and Wildlife has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species.

This bill would state the intent of the Legislature to enact subsequent legislation relating to wildlife.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares that the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) establishes a defense against the imposition of civil penalties, and a defense to prosecution, for the take of an animal listed under the federal act if the defendant committed the act based on a good faith belief that they were acting to protect themselves, a member of their family, or any other individual from that animal (16 U.S.C. Sec. 1540).
(b) It is the intent of the Legislature to establish the same defenses against the imposition of civil and criminal penalties for the take of an animal listed under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).

SEC. 2.

 Section 2080.8 is added to the Fish and Game Code, to read:

2080.8.
 (a) Notwithstanding Section 2014 or any other law, a civil or administrative penalty shall not be imposed for a violation of Section 2080 if it can be shown by a preponderance of the evidence that the defendant committed an act based on a good faith belief that they were acting to protect themselves, a member of their family, or any other individual from bodily harm from any endangered, threatened, or candidate species.
(b) Notwithstanding any other law, it shall be a defense to prosecution for a violation of Section 2080 if the defendant committed the offense based on a good faith belief that they were acting to protect themselves, a member of their family, or any other individual from bodily harm from any endangered, threatened, or candidate species.

SECTION 1.

It is the intent of the Legislature to enact subsequent legislation relating to wildlife.